w w w . L a w y e r S e r v i c e s . i n



Gram Panchayat, Barmer v/s Firm Marudhar Stone Industries, Barmer & Others


Company & Directors' Information:- MARUDHAR INDUSTRIES LIMITED [Active] CIN = L91110GJ1983PLC022203

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- STONE INDIA PRIVATE LIMITED [Strike Off] CIN = U14101RJ1993PTC007853

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- M. A. STONE PRIVATE LIMITED [Strike Off] CIN = U14100DL2011PTC212938

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

    Civil Misc. Appeal No. 429 of 1998

    Decided On, 10 March 2000

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE AMARESH KUMAR SINGH

    For the Appellant: G.R. Punia, Advocate. For the Respondent: H.R. Panwar, Advocate.



Judgment Text

1. Heard the learned counsels for the parties.

2. The learned counsel for both the parties agreed that S.B. Civil Misc. Appeal No. 429/98 Gram Panchayat v. M/s. Marudhar Stones Industries and others may be finally disposed of at this stage.

3. The short question arising in this appeal for decision is whether a party who has been impleaded as a defendant after the passing of an order under Order 39, Rules 1 and 2 , C.P.C., has a legal right to be heard regarding issue of injunction order under Order 39, C.P.C. In the instant case, it appears that an order was passed by the learned lower Court under Order 39, Rules 1 and 2 on 2-9-1996. On that day, the present appellant, the Gram Panchayat, Barmer was not a party in the suit. The appellant was impleaded as the defendant by order dated 16-10-1997. Thereafter, an application was moved on behalf of the appellant under Order 39, Rule 4, C.P.C. to set aside the earlier injunction order passed by the trial Court. After hearing the parties, the learned trial Court rejected the application filed by the appellant under Order 39, Rule 4, C.P.C. by order dated 18-2-1998. A perusal of the impugned order shows that the main reason for rejecting the application by the present appellant was that the lower Court was of the opinion that the earlier order passed by it had become final and it could not be disturbed.

4. In Smt. Draupadi v. Narayan, (1994) 2 Raj LW 482, a similar question was decided by a learned single Judge of this Court. In that case, in the suit filed against the UIT, Narain obtained order of status quo regarding possession and later on filed application that UIT had disobeyed that order and secured another order under Section 1 51 of the Code of Civil Procedure to get the restoration of possession of the land from the UIT. When Smt. Draupadi came to know that pursuant to the aforesaid order, possession of the site dispute is to be restored to Narayan, she filed two applications, one to become party to the suit and another under Order 39, Rule 4, C.P.C. for vacation of the injunction order which was passed by the Court below against the UIT. In the applications, Smt. Draupadi had stated about the concealment of material facts, misstatement of facts by Narayan and, particularly stated that filing of suit for pre-emption by Narayan against Smt. Draupadi was material for deciding the interim and final dispute between the parties. The trial Court impleaded Smt. Draupadi as a party to the suit but the application under Order 39, Rule 4, C.P.C. was dismissed by observing that the matter had already been considered in detail on two earlier occasions vide orders dated 6-1-1984 and 9-1-984. On perusal of the order passed by the trial Court, this Court came to the conclusion that the trial Court did not consider the matter afresh after Smt. Draupadi had brought more facts on record and after she had become party to the suit. A revision petition was filed before this Court against the order passed by the trial Court rejecting the application filed under Order 39, Rule 4, C.P.C. The revision petition was allowed by this Court and the matter was remitted to the trial Court to decide afresh both for interim and final purposes in the presence of the plaintiff and Smt. Draupadi without being influenced by orders dated 6-1-1984 and 9-1-1984.

5. In my considered view, in a case like the presenr one a party cannot be bound by any order passed in his back and without notice to it. The Gram Panchayat, Barmer is, therefore, not bound by the injunction order passed by the trial Court, before the Gram Panchayat, Barmer was impleaded as defendant. The earlier injunction orders passed by the trial Court before impleading the Gram Panchayat, Barmer as a defendant, were not orders in rem. In these circumstances, it is proper to hold that after being impleaded as a defendant, the Gram Panchyat, Barmer has a legal right to approach the trial Court to consider afresh the question of granting injunction affecting its rights.

6. Consequently, this appeal is allowed. The impugned order dated 18-2-1998 passed

Please Login To View The Full Judgment!

by the learned Addl. District and Sessions Judge, Barmer in Civil Misc. Case No. 34/96 is hereby quashed and set aside and he is directed to consider afresh the application filed by the appellant under Order 39, Rule 4 , C. P.C. Needless to say that the parties to the case shall have right to be heard and they may raise such objection as may be available to them in accordance with law. Record, of the lower Court be returned. Appeal Allowed.
O R







Judgements of Similar Parties

23-07-2020 Aqua Pump Industries, Rep by its Managing Partner Ramaswamy Kumaravelu & Another Versus N. Raju, Trading as S.M.Agriculture & Electronics, Bangalore High Court of Judicature at Madras
22-07-2020 Director of Income Tax-II (International Taxation) New Delhi & Another Versus M/s. Samsung Heavy Industries Co. Ltd. Supreme Court of India
20-07-2020 National Insurance Co. Ltd. Through National Legal Vertical, New Delhi Versus M/s. Krishna Spico Industries Pvt. Ltd., Ghaziabad & Another National Consumer Disputes Redressal Commission NCDRC
16-07-2020 N.M. Chandrashekar Versus The State of Karnataka, by its Secretary Department of Commerce & Industries, Bangalore & Others High Court of Karnataka
14-07-2020 M/s. Terracon Projects, Represented by its Proprietor S.V. Babu Versus The State of Karnataka, Represented by its Principal Secretary Department of Commerce & Industries, Bengaluru & Others High Court of Karnataka
09-07-2020 M/s. Durga Fabrication Works, Represented by its Proprietor, Prakash Ramu Rathod Versus The State of Karnataka, Represented By Its Secretary, Department of Industries & Commerce, Bengaluru & Others High Court of Karnataka
06-07-2020 Vinod Khanna Versus R.G. Stone Urology And Leproscopy Hospital & Others National Consumer Disputes Redressal Commission NCDRC
19-06-2020 M/s. Virgo Industries (Engineers) Pvt Ltd., Rep. By its Director Reethamma Joseph & Another Versus M/s. Venturetech Solutions Pvt Ltd., Rep. By its Director N. Mal Reddy High Court of Judicature at Madras
19-06-2020 M/s. Integrated Finance Company Limited rep. by its Legal Officer and duly constituted Attorney A. Hema Jothi Versus Garware Marine Industries Limited Registered Office at Chander Mukhi High Court of Judicature at Madras
17-06-2020 D.D. Industries Ltd., New Delhi Versus Jasmeet Walia & Another National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Prakash Industries Limited. Versus Bengal Energy Limited. & Another High Court of Judicature at Calcutta
09-06-2020 M/s. Thakur Stone Quarries through its Partner Munesh Hotilal Thakur Versus State of Maharashtra & Others High Court of Judicature at Bombay
01-06-2020 Khaleed Pasha & Others Versus State of Karnataka, Represented by its Secretary Department of Commerce & Industries (MSME, Mines & Textile), Bangalore & Others High Court of Karnataka
26-05-2020 Guru Nanak Industries, Faridabad & Another Versus Amar Singh (Dead) Through Lrs. Supreme Court of India
26-05-2020 Tips Industries Ltd. Versus Entertainment Network (Kindia) Ltd. & Another High Court of Judicature at Bombay
20-05-2020 M/s. Sun Pharmaceutical Industries Limited, Represented by its Authorised Signatory, Nilesh Mahendra Kumar Gandhi & Another Versus The Assistant Commercial Tax Officer (Check of Accounts) & Others High Court of Andhra Pradesh
12-05-2020 Spentex Industries Ltd Versus Quinn Emanuel Urquhart & Sullivan LLP High Court of Delhi
30-04-2020 Natural Sugar and Allied Industries Limited & Others Versus The State of Maharashtra, Through the Secretary for Co-operation, Marketing & Textile Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
27-04-2020 Bihar State Electricity Board & Others Versus M/s. Iceberg Industries Ltd. & Others Supreme Court of India
24-04-2020 Union of India & Others Versus Exide Industries Limited & Another Supreme Court of India
20-03-2020 M/s. CJP Industries, Represented by its Managing Partner S. Julius Versus Amitha Bishnoi & Others High Court of Judicature at Madras
18-03-2020 West Bengal Small Industries Development Corporation Ltd. & Others Versus M/s. Sona Promoters Pvt. Ltd. & Others Supreme Court of India
17-03-2020 S. Vaikundarajan Versus The State of Tamil Nadu, Rep., by its Principal Secretary to Government, Industries (MMD.2) Department, Chennai Before the Madurai Bench of Madras High Court
17-03-2020 A Marine Industries Munambam, Ernakulam, Represented by Its Proprietor, P.T. Francis & Others Versus UCO Bank, Represented by The Chief Manager, Ernakulam & Another High Court of Kerala
16-03-2020 Peps Industries Private Limited Versus Kurlon Limited High Court of Delhi
12-03-2020 Sai Electromech Industries, A Sole Proprietary Concern rep.by Its Proprietor Umangkumar Joshi Versus Sicagen India Limited, Rep.by its Authorised Signatory S. Mahadevan High Court of Judicature at Madras
11-03-2020 Agrocel Industries Pvt. Ltd. Versus United India Insurance Company Ltd. High Court of Judicature at Bombay
06-03-2020 M/s. Connectwell Industries Pvt. Ltd. Versus Union of India Through Ministry of Finance & Others Supreme Court of India
06-03-2020 Ballarpur Industries Limited & Another V/S The State of Maharashtra, through Secretary, Department of Forests, Mantralaya In the High Court of Bombay at Nagpur
05-03-2020 Electrosteel Steels Limited, Bokaro & Others Versus The State of Jharkhand through Secretary, Department of Industries, Government of Jharkhand, Ranchi & Others High Court of Jharkhand
04-03-2020 M/s. Ramco Industries Ltd., Rajapalaym Versus The Deputy Commissioner of Income Tax, Madurai High Court of Judicature at Madras
28-02-2020 Super Cassettes Industries Pvt. Ltd Versus Prime Cable Network & Another High Court of Delhi
28-02-2020 Bank of India V/S M/s. Brindavan Agro Industries Pvt. Ltd Supreme Court of India
28-02-2020 Trans Asian Industries Exposition Pvt. Ltd. & Others Versus Jammu & Kashmir Bank Ltd & Another High Court of Delhi
25-02-2020 Kamal Encon Industries Limited Through its Authorized Representative Versus Maharashtra Electricity Regulatory Commission Through its Secretary World Trade Centre, Mumbai & Others Appellate Tribunal for Electricity Appellate Jurisdiction
25-02-2020 Eurotex Industries and Exports Ltd. Versus Additional Commissioner of Labour-cum-Specified Authority & Others High Court of Judicature at Bombay
24-02-2020 Panch Tatva Promoters Pvt. Ltd. Versus GPT Steel Industries Ltd. (Through Resolution Professional) & Others National Company Law Appellate Tribunal
24-02-2020 S. Suresh Versus The Management Exide Industries Ltd., Madurai & Others Before the Madurai Bench of Madras High Court
20-02-2020 M/s Century Rayon (A division of Century Textile & Industries Ltd.), Maharashtra V/S Maharashtra State Electricity Distribution Company Ltd., Through its, Chief Engineer (Commercial), Maharashtra And Others Appellate Tribunal for Electricity Appellate Jurisdiction
20-02-2020 Asian Food Industries Versus Union of India & Others High Court of Gujarat At Ahmedabad
18-02-2020 Clay Craft (India) Pvt. Ltd. Through Its Director, Rajasthan & Others Versus Rajasthan Small Industries Corporation Limited (Institution of Rajasthan Government) Through Managing Director, Ugyog Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan National Consumer Disputes Redressal Commission NCDRC
18-02-2020 ITC Limited, Chennai, Rep. by its Constituted Attorney, V.M. Rajasekharan Versus Shree Devi Match Industries, Gudiyattam & Others High Court of Judicature at Madras
17-02-2020 Reliance Industries Ltd. Versus Gail (India) Ltd. High Court of Delhi
14-02-2020 The Superintending Engineer, General Construction, TANTRANSCO Ltd., Tatabad, Coimbatore & Another Versus Micro Small Enterprises Facilitation Council and Director of Industries and Commerce, Represented by its Chairman, Guindy & Others High Court of Judicature at Madras
10-02-2020 M/s. Tanfac Industries Limited, Rep. by its Secretary G. Balasubramanian Versus M/s. Orichem Limited, Rep. by its Managing Director & Others High Court of Judicature at Madras
07-02-2020 Asset Reconstruction Company (India) Limited V/S Laxmi Balaji Industries and Others. Debts Recovery Tribunal Hyderabad
07-02-2020 M/s. S.K.J. Coke Industries Ltd. & Another Versus Coal India Ltd. & Others Supreme Court of India
06-02-2020 Andhra Bank V/S Suguna Industries Debts Recovery Tribunal Hyderabad
06-02-2020 HDFC Bank Ltd. V/S JNK Electrical Industries Private Limited and Others. Debts Recovery Tribunal Delhi
06-02-2020 K. Arumugham, Prop. Seetha Industries, Arakandanalu, Villupuram V/S The Secretary to Government, Department of Commercial Taxes & Religious Endowments, Chennai And Others High Court of Judicature at Madras
05-02-2020 D. Vasantha Versus The State of Karnataka, Represented by its Secretary Commerce & Industries Department (MSME & Mines), Bengaluru & Others High Court of Karnataka
05-02-2020 B.H. Srinivasa Murthy Versus State of Karnataka, Represented by its Principal Secretary, Department of Commerce & Industries, Bengaluru & Others High Court of Karnataka
05-02-2020 P. Krishnan Versus The Deputy Director of Industries and Commerce (Industrial Co-operatives)/(District Registrar of Industrial Co-op), Guindy, Chennai & Others High Court of Judicature at Madras
05-02-2020 Sheo Shakti Cement Industries, Hazaribagh Versus State of Jharkhand High Court of Jharkhand
04-02-2020 M/s. K.T.V. Health Food Private Limited Versus The Principal Secretary to Government, Government of Tamil Nadu Industries Department Chennai & Others High Court of Judicature at Madras
03-02-2020 Jai Balaji Industries Ltd. & Another Versus Punjab National Bank & Another High Court of Judicature at Calcutta
01-02-2020 Ishwar Oil Industries and Others. V/S The Authorized Officer, Dena Bank and Others. Debts Recovery Tribunal Ahmedabad
31-01-2020 Deputy Commissioner of Income Tax V/S Sun Pharmaceutical Industries Ltd. Supreme Court of India
29-01-2020 Vimal Kumar Versus The State of Tamil Nadu, Rep. by its Secretary/Industries Department, Chennai & Others High Court of Judicature at Madras
28-01-2020 M/s. Elgi Electric & Industries Limited, Rep. by General Manager, Coimbatore Versus The Assistant Commissioner (CT) (FAC), Trichy Road Assessment Circle, Coimbatore High Court of Judicature at Madras
28-01-2020 New India Assurance Co. Ltd., Through its Authorised Signatory, New Delhi Versus M/s. Durga Bricks Industries, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
28-01-2020 Century Rayon (A Division of Century Textiles and Industries Limited), Maharashtra Versus The Maharashtra Electricity Regulatory Commission Through its Secretary, Mumbai & Others Appellate Tribunal for Electricity Appellate Jurisdiction
27-01-2020 Vanessa Crasto Versus Central Public Information Officer Central Cottage Industries Corporation of India Ltd. Central Information Commission
27-01-2020 Pr. Commissioner of Income Tax-1 Versus Vilson Particle Board Industries Ltd. High Court of Judicature at Bombay
27-01-2020 The Managing Director, State Industries Promotion Corporation of Tamil Nadu Ltd., (SIPCOT), Egmore, Chennai Versus The Special Tahsildar, SIPCOT Unit Sriprumbudur & Another High Court of Judicature at Madras
21-01-2020 M/s. Slar Machines & Methods, Rep. by its Partner, V. Saravanabhavan Versus The Branch Manager, National Small Industries Corporation Limited, Hosur & Another High Court of Judicature at Madras
20-01-2020 Maa Tarini Industries Ltd. & Another Versus PEC Limited High Court of Delhi
14-01-2020 M/s. Vijeta Projects & Industries Limited Versus Union of India & Others High Court of Jammu and Kashmir
10-01-2020 M/s. Singapore Reality Private Limited, Represented by its Director having office at T. Nagar, Chennai also at Siruseri Versus The Government of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Industries Department & Another High Court of Judicature at Madras
10-01-2020 Nandkishore Shravan Ahirrao Versus Kosan Industries (P)Ltd. Supreme Court of India
09-01-2020 Chowgule Industries Pvt. Ltd. Versus Krishna Shrikant Kumbhar & Others High Court of Judicature at Bombay
09-01-2020 Viju M. Ittoop Versus State of Kerala, Represented by Secretary To Government, Industries Department, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
07-01-2020 M/s. Maa Bhadrakali Coke Industries (Pvt.) Ltd., Dhanbad Versus The State of Jharkhand & Others High Court of Jharkhand
06-01-2020 M/s. Refex Industries Limited, Kanchipuram District & Others V/S The Assistant Commissioner of CGST & Central Excise, Chennai & Others High Court of Judicature at Madras
03-01-2020 P. Dhanalakshmi & Another Versus The Secretary to Government, Industries Department, Chennai & Others High Court of Judicature at Madras
03-01-2020 Bengal Hammer Industries P. Ltd V/S Commissioner of Central Excise, Kolkata-II, Commissionerate Customs Excise Service Tax Appellate Tribunal East Zonal Bench Bench, Kolkata
02-01-2020 Allahabad Bank V/S Dobhi Agro Industries and Others. Debts Recovery Tribunal Patna
02-01-2020 Himadri Speciality Chemicals and Industries Limited V/S Principal Commissioner of Service Tax-I, Kolkata Customs Excise Service Tax Appellate Tribunal East Zonal Bench Bench, Kolkata
02-01-2020 The Commissioner of Income Tax Versus Zuari Industries Ltd. In the High Court of Bombay at Goa
27-12-2019 Shah Metal Industries Versus G.L. Rexroth Industries Ltd. High Court of Gujarat At Ahmedabad
24-12-2019 Shyam Steel Industries Limited Versus Shyam Sel & Power Limited & Another High Court of Judicature at Calcutta
23-12-2019 Jindal Stainless Limited Versus Moorgate Industries India Pvt. Ltd. High Court of Delhi
20-12-2019 M/s. Yogiraj Powertech Pvt. Ltd. Versus State of Maharashtra, Through its Secretary, Industries, Energy & Labour Department & Others In the High Court of Bombay at Aurangabad
20-12-2019 Manjeet Kapoor Proprietor M/s. Manjeet Plastic Industries, New Delhi Versus Tamil Nadu Textbook and Educational Services Corp. Chennai, Tamil Nadu High Court of Judicature at Madras
19-12-2019 Rama Krishna & Another Versus The State of Andhra Pradesh Rep by its Principal Secretary Industries and Commerce Mines Department A P Secretariat Velagapudi Guntur District A.P. & Others High Court of Andhra Pradesh
18-12-2019 C.G. George, Managing Partner, M/s. Srilakshmi Stone Crusher, Kannur Versus The State of Kerala Represented by Its Chief Secretary, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
18-12-2019 M/s. G-Tech Stone Limited, Alwarpet & Another Versus BFIL Finance Limited, Mumbai, (formerly known was ITC Bhadrachalam Finance and Investment Limited, and since amalgamated with Russel Credit Limited) High Court of Judicature at Madras
13-12-2019 Lokhandwala Construction Industries Pvt. Ltd. Versus Bala K. Ayer National Consumer Disputes Redressal Commission NCDRC
12-12-2019 Sai Electromech Industries Rep. By its Authorised Signatory, Gujarat, India Versus Sicagen India Limited, Rep. By its Authorised Signatory, Chennai High Court of Judicature at Madras
10-12-2019 M/s. 3F Industries Limited, Rep. by its Vice President (Co-ordination) & the Authorized Representative, AKS Moorthy Versus The Assistant Commissioner of Customs, Nagapattinam High Court of Judicature at Madras
10-12-2019 Google India Private Limited Versus M/s. Visakha Industries & Another Supreme Court of India
09-12-2019 M/s. Sujana Universal Industries Limited Versus State of Telangana High Court of for the State of Telangana
06-12-2019 M/s. Unicorn Industries Versus Union of India & Others Supreme Court of India
06-12-2019 M/s. Unicorn Industries Versus Union of India & Others Supreme Court of India
05-12-2019 M/s. Bhuwalka Steel Industries Ltd & Another Versus Union of India & Others Supreme Court of India
03-12-2019 P.G. Amirthalingam, Represented by his Power Agent V. Krishnasamy Versus The Government of Tamil Nadu, Rep. by its Secretary, Industries Department, Chennai & Others High Court of Judicature at Madras
03-12-2019 Punjab Agro Industries Corporation Limited Versus The Regional Provident Fund Commissioner & Others High Court of Punjab and Haryana
03-12-2019 G. Jaisankar Srinivasan Versus The Tamil Nadu Small Industries, Development Corporation, Rep. by its Chairman and Managing Director, Chennai & Others High Court of Judicature at Madras
28-11-2019 M/s Deep Industries Limited Versus Oil And Natural Gas Corporation Limited & Another Supreme Court of India
27-11-2019 R. Murugesan Versus M/s. Pidilite Industries Ltd., Rep. by its Authorised Nominee, R. Govindan High Court of Judicature at Madras